Terms of Use | Better Choices

The Better Choices website (www.betterchoicesnutrition.com.au) (Website) is operated by Better Choices Network (ABN 32 263 234 212 (we, us or our).

Use of the Website and any information or services provided by Better Choices through the Website is subject to the following terms of use and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Website from time to time (together, the Terms of Use).

By accessing or using any part of the Website and the information and services provided by Better Choices through the Website, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Website or you become a client of Better Choices. If you do not agree with any of these Terms of Use, or any changes to them, do not use/access the Website.

Use of the Website and our services

The Website is designed to provide a place where members of the general public can visit to learn about:

the 'Better You' Program and our related products and services; and/or

information about additional services provided by Better Choices in relation to school, childcare, food industry, corporate and telecommunications,

(together, the Information)

The Information contained in or available through the Website is provided for general health and wellbeing only, and does not address specific health and medical conditions nor replace the advice of your healthcare team. The services provided by us are designed according an individual’s request(s) and are developed to align with the National Health and Medical Research Council Australian Dietary Guidelines and any other relevant best practice guidelines for the service being requested. By using/accessing the Website or receiving services from us, you agree that:

you will only use the Website or services for personal, non-commercial use; and
you will not use the Website or the services in a way that causes us loss or damage.

Personal information

We recognise the importance of your privacy and your right to control your personal information and is committed to complying with applicable privacy laws.

The types of personal information we may collect depends on the purposes for which it is collected but may include (without limitation):

your name, gender, date of birth, occupation, residential address, email address, telephone number and other contact details;
other information relevant to provision of our services.

We will not collect sensitive information about you unless:

you have consented to the collection of such specific sensitive information;
the collection is required or authorised by law; or
the collection is otherwise permitted under applicable privacy laws.[LG2]

We generally only collect, use, disclose or hold personal information that is reasonably necessary for us to perform one or more functions or activities, including:

provision of our services and communication of related information;
improving the Website and/or our services; and
internal record keeping.
When we collect your personal information, your personal information will only be used or disclosed for the primary purpose for which it was collected, a related secondary purpose, in accordance with any express consent you grant us or as otherwise lawfully required (eg, where your personal information is requested by a law enforcement agency).

We will take reasonable steps to:

make sure that your personal information is complete and up-to-date; and
protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

We will take reasonable steps to destroy or permanently de-identify your personal Information if it is no longer needed for any purpose for which the information may be used or disclosed (at your request or otherwise) or if you withdraw your consent, unless we are required by or under law, or a Court order, to retain such information.

Upon your request, we will take reasonable steps to let you know what sort of personal information we hold about you. You have a right to receive (upon request) that personal information from us in a structured, commonly used format and/or a right to instruct us to transmit that personal information to a third party (if technically feasible).

Purchasing of programs and services

You agree that all registration information provided to us by you in relation to our services is true and accurate at all times, and it is your responsibility to inform us of any changes to your registration information.

You agree to be 18 years of age or older or, if enquiring about services addressing your child’s dietary behaviours, that you agree you are the legal guardian/a parent of the child. You agreed and acknowledge that we will not directly communicate with anyone under the age of 18 years.

You agree to pay for our services in the manner specified on the Website; or in the case of our childcare, school, food industry, corporate and telecom services you agree to pay for these services in the manner notified by us to you in writing .

We do not offer refunds for our services where you change your mind after purchasing.

We reserve the right to terminate your services at any time if you breach these Terms of Use.

Intellectual property

Copyright in the material in or available on the Website or transmitted to you in relation to our services is owned by us. You may access and view the Website and Information and content using your web browser and download information from the Website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the Website (including any Information) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to shannon@betterchoicesnutrition.com.au.

You agree and acknowledge that the intellectual property in all Better Choices logos in the material in or available on the Website or transmitted to you in relation to our services is owned by us.

Email communications

Signing up to our online programs indicates your acceptance of these Terms and of Use. Should you opt-in, we will automatically send you an electronic copy of our newsletter to keep you updated with our new services, news, offers and promotions. [LG3] You can unsubscribe at any time by notifying us in writing to shannon@betterchoicesnutrition.com.au.[LG4]

Disclaimer

Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website or any Information or services available through the Website. In particular, we do not warrant or represent that:

• your systems will meet the minimum requirements to enable use of Website;

• information provided on the Website is accurate, complete or suitable for any purpose;

• the Website and its services are free from any computer viruses or defects; or

• your access to the Website and its services will be continuous or uninterrupted.

Our Liability

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision). However, to the maximum extent permitted by law, our liability to you for failure to comply with any Non-Excludable Provision is limited (at our option):

in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired (as determined by us); or

in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us).

Except as specified in this section, to the maximum extent permitted by law:

we will not be liable to you for any special, consequential, indirect or incidental damages or loss; and

we will not be liable to you, whether in contract, tort (including negligence), statute or otherwise, in relation to the Website, these Terms of Use or their subject matter.

Your liability

You are liable to us in relation to all loss and damage whatsoever that is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of them acting inconsistently with or breaching any part of these Terms of Use, except to the extent that we cause or contribute to such loss or damage.

Governing law

The Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of a dispute arising out of, or in connection with, these Terms of Use or any use of the Website.